Superintendencia de Industria y Comercio

The Deputy Superintendence for Jurisdictional Affairs is the department of the SIC responsible for handling legal proceedings established by citizens before this entity, on issues regarding the protection of consumers, unfair competition practices or in cases related to the infringement of industrial property rights.

The functions of this Deputy have a jurisdictional nature, which means that in some cases this unit behaves as a Judge of the Republic, that is, in an impartially and independent way.

To promote a process of judicial nature it is necessary for both consumers and competitors and, in general, any market participant, promote a demand with all the procedural requirements laid down by the law and special rules. All matters realted to this Deputy are expose in the verbal process, which are, mainly conducted in audiences.

FUNCTIONS

The functions of the Deputy Superintendence for Jurisdictional Affairs, in accordance with Decree 4886 of 2011 are:

• Give advice to the Superintendent of Industry and Commerce in the formulation of policies as it relates to its area.
• Support the Office of Consumer Services and Business Support in the development of outreach, promotion and training activities, in matters within its competence.
• Decide to admit the claims made and advance, in accordance with the applicable statutory procedure, on the first or only instance, as appropriate according to the quantity, the order of the processes that are going to be initiated in the exercise of the judicial functions of consumer protection.
• Adopt, in exercise of the judicial functions of consumer protection, in first or only instance, any of the following decisions:
  • Sort the effectiveness of guarantees for goods and services provided in existing regulations for the consumer protection or in contracts if they are more spacious.
  • Impose fines when proceed according to the law, for breach of the orders issued to make effective the guarantees.
  • Decide on the admission of the demands presented for unfair competition practices, and advance the process, following the applicable legal procedures, on processes related to unfair competition.
• Uttering the measures that resolve requests for precautionary measures in the process of unfair competition.
• Uttering the measures that resolve requests for preliminary measures of verification processes of unfair competition.
• Uttering the sentence for unfair competition processes.
• Resolving appeals and requests for annulment proposed against adopted decisions.
• Coordinate, manage and assign officials to practice tests, attend hearings and proceedings throughout the actions and processes.
• Give certifications and submit records relating to matters within its competence.
• Submit constant reports to the Superintendent on the state of the affairs of their Deputy and the degree of implementation of its programs.
• Other duties assigned and which may reflect the nature of the dependence.

Between 2012 and 2013 this Deputy Superintendence received international cooperation from the Program "Facilitando Comercio" of USAID, which offered some courses for strengthening the knowledge of the officers of this Deputy on Idustrial Property matters.

In addition, this Deputy has been participating in international activities organized by the Spanish Office of Trademarks and Patents-OEPM, by attending the Judges Seminar organized in November by this authority with the support of the World Intellectual Property Organization-WIPO.